Workmen's Compensation - Supreme Court Review
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FIRST PARAGRAPH(S)|During the survey period, no particularly startling decisions were handed down in the area of workmen's compensation. The following two cases are of interest, however, one dealing with a constitutional argument, the other concerning the burden of proof required to establish a benefit claim.|University of Nebraska at Omaha v. Paustian, involved Section 48-1252 of the Workmen's Compensation Act. That section provides for 50 percent additional compensation in the event that the employer's payments are delinquent. The only issue involved on appeal was whether Section 48-125 was unconstitutional because it authorizes the recovery of a penalty by a private individual contrary to article VII, section 5, of the Constitution of Nebraska...
8 Creighton L. Rev. 290 (1974-1975)
Creighton University School of Law